How sweet it is to fall in love,
How embarrassing it is to get divorced.
Once wholeheartedly,
In the end, they will all become a hammer and a plentiful.
Well, the party who gives more in the marriage,
Can I claim financial compensation for divorce?
Let's look at today's case.
Basic facts of the case
In 1996, the 18-year-old girl Li mou was introduced by someone and became acquainted with the man Luo Mou. At the end of 1998, the two registered for marriage, and in June 2000, Li gave birth to a son, Xiao Luo. In 2003, the two had a conflict over trivial matters, Li returned to his mother's house to live, and the husband and wife began to live separately, which has been 17 years.
During the separation, Li and Luo did not contact each other, and the relatives of the two sides did not come. The son Xiao Luo was raised by his father Luo Mou and Luo Mou's parents to adulthood, and Li only visited Xiao Luo once in 17 years and failed to fulfill other support, education and protection obligations.
In November 2021, Li filed a divorce lawsuit with the Pingjiang County People's Court on the grounds that the husband and wife's relationship had completely broken down.
After accepting the case, the court served Luo with the response materials in accordance with the law, and the judge who undertook the case also went to the village committee to visit the site and organize mediators to participate in mediation. In the end, the judge learned that the defendant Luo agreed to divorce, but in view of the fact that Li had never returned home for many years and did not pay attention to his son, he asked Li to give certain financial compensation.
Li Mou said that he has no fixed job and source of income so far, and he relies on odd jobs to maintain his daily life for many years, and everyone's economic conditions are general, and he really cannot recognize the economic compensation method proposed by the other party.
Court judgment
The Pingjiang County People's Court held that the people's court's trial of divorce cases is based on whether the relationship between husband and wife has completely broken down, and the relationship between husband and wife is also an important civil legal fact that maintains the marriage between man and woman. In this case, the plaintiff left home for 17 years, during which the plaintiff and the defendant did not have contact with each other, which shows that the relationship between the two parties has reached the level of complete rupture, so the court granted the plaintiff and the defendant a divorce.
During the 17 years that the plaintiff and the defendant lived apart, the plaintiff did not fulfill the obligations of raising, educating and protecting Xiao Luo before he became an adult, while the defendant took care of the family and raised his son until he reached adulthood, paid more painstaking efforts and assumed more responsibilities, and his demand for compensation from the plaintiff was justified in law, and the court upheld it. Because the plaintiff and the defendant failed to agree on the compensation method, the court determined that the plaintiff would give the defendant economic compensation of 20,000 yuan as appropriate based on the actual economic situation of the two parties and with reference to the per capita living expenditure of rural residents.
Recently
The topic of financial compensation for divorce
Frequently rush to the hot search,
Triggered a heated discussion among netizens.
Some people confuse divorce financial compensation with divorce property division,
There are also people who think that the amount of compensation is too low and "not cost-effective",
There are also people who ask how to prove it.
Xiaobian sorted out the financial compensation for divorce
Frequently asked questions ↓↓↓
1
What is the legal basis for financial compensation for divorce?
Article 1088 of the Civil Code clearly stipulates that if one of the spouses bears more obligations due to raising children, caring for the elderly, assisting the other party in his work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.
Although the value of housework cannot be directly measured by market value, housework involves all aspects of family life and provides an indispensable guarantee for the career development of the other party and the stable life of children and the elderly. This move in the Civil Code is intended to affirm the value of domestic work and better balance and protect the legal rights of the party who has worked hard and sacrificed silently for the family.
2
Can I still file for divorce financial compensation after divorce?
Under the provisions of the law in force, financial compensation for divorce is limited to being brought at the time of divorce, including in the context of a negotiated divorce and divorce proceedings. If the parties have agreed to divorce or are divorced by judgment, and one of the parties makes another request for financial compensation, the court will not accept it.
3
How to prove financial compensation for divorce?
According to the principle of "who advocates, who proves", the party proposing financial compensation for divorce needs to produce evidence to prove that it has more obligations in raising children, caring for the elderly, and assisting the other party in its work. However, since domestic work is mostly an internal matter of family life, it is difficult to provide direct evidence to prove it, and it is more difficult to produce evidence.
In trial practice, parties may attempt to present evidence in the following ways: they may prove that they may bear more burdens of raising children by submitting evidence such as witness testimony from family members living together, witness testimony from neighbors, and witness testimony issued by grass-roots organizations such as neighborhood committees; they can prove that the burden of the obligation to care for the elderly and raising children is larger by submitting relevant outpatient and inpatient medical records; and evidence such as weChat chat records with children's teachers and training institutions.
4
How is the amount of financial compensation for divorce calculated?
If the divorcing parties can negotiate the method of divorce economic compensation, the court does not object to the method of consultation between the parties without violating the mandatory provisions of the law and not infringing on the legitimate rights and interests of others. If the parties are unable to reach a consensus on the specific measures for financial compensation for divorce, the court shall make a judgment in accordance with law according to the actual circumstances of the case.
Generally speaking, the court will determine the final amount of financial compensation for divorce based on the length of the marital relationship between the two parties, the length of time that the party who bears the housework, the type of housework, and the achievements of the other party during the existence of the marriage relationship, such as academic degrees, professional titles, professional qualifications, intellectual property rights, etc., as well as the actual income level of the other party, rather than according to the so-called "market price".
In addition, the determination of economic compensation is based on the determination of the division of the joint property of the husband and wife, and the compensation shall be drawn from the personal property or the common property of the party undertaking the payment obligation, and the practice of deducting the economic compensation before the division of the joint property of the husband and wife and then dividing the remaining common property cannot be adopted, otherwise the relief significance of the economic compensation for divorce will be lost.
Comprehensive Pingjiang County People's Court, Xinhua News Agency
Source: Changsha TV Political and Legal Channel